California Proposition 36 Could Lead to More Deportations
Imagine a world where immigrants can be deported for shoplifting. A new proposition, referred to as Proposition 36 (“Prop 36”), aims to reshape California’s criminal justice landscape. This proposition, which focuses on altering the approach to criminal justice and sentencing, has sparked concerns about increased criminal deportations. As this new measure unfolds, understanding its implications is important for those facing criminal charges. This blog explores the nuances of Prop 36, its potential effects on California’s legal system, and how it may influence immigration-related outcomes for individuals facing criminal charges.
What is Prop 36?
Proposition 36 is an initiative statute that would substantially modify California’s approach to drug and theft crimes. The measure proposes three major changes to current law:
(1) increased punishments for certain theft and drug crimes,
(2) reation of a new treatment-focused court process for specific drug possession cases, and
(3) implementation of mandatory warnings about potential murder charges for drug sellers.
Key Changes Under Proposition 36
Enhanced Penalties for Theft and Drug Crimes
Felony Reclassification: Some current misdemeanors would become felonies. For example, theft of items worth $950 or less could become a felony if the perpetrator has two or more prior convictions for certain theft crimes.
Extended Sentences: New provisions allow for sentence extensions of up to three years when three or more people commit property crimes together.
Mandatory Prison Time: Certain drug-related felonies would require state prison time rather than county jail sentences.
New Treatment-Mandated Felony Process
The proposition introduces a novel “treatment-mandated felony” category for drug possession cases when:
- The individual possesses specific drugs (including fentanyl, heroin, cocaine, or methamphetamine)
- They have two or more previous drug-related convictions
Under this process, defendants would receive mandatory treatment (mental health or drug rehabilitation). After completion, defendants can have their charges dismissed. However, failure to complete the program could result in up to three years in prison.
Immigration Implications
For non-citizens, the proposed changes could have serious immigration consequences such as increased risk of deportation. The reclassification of misdemeanors to felonies could lead to new grounds for deportation proceedings against a defendant. Specifically, drug-related convictions often trigger mandatory deportation provisions. By giving District Attorneys (DAs) the power to classify these offenses as felonies, immigration judges are unable to hold hearings and make a decision on whether or not to begin deportation proceedings on someone.
How Criminal Defense Attorneys Can Help
Hiring a criminal defense attorney when facing these charges is extremely important. A skilled criminal defense attorney can evaluate potential immigration consequences before any plea agreements are entered into, potentially saving a defendant from deportation. Further, criminal defense attorneys can negotiate for alternative charges that will not affect immigration status. Finally, an experienced criminal defense attorney can help through every step of the charges, ensuring that the defendant’s rights are protected throughout.
Contact Wallin & Klarich Today
If you are facing criminal charges that could affect your immigration status, you need to contact our aggressive attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and kept them free from serving prison or jail sentences. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Also, our law firm can handle many types of criminal cases statewide. Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
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